Section 17. Duration of lien  


Latest version.
  • No lien specified in this article shall be a
      lien for a longer period than one year after the notice of lien has been
      filed, unless within that time an action is commenced to  foreclose  the
      lien, and a notice of the pendency of such action, whether in a court of
      record  or  in  a court not of record, is filed with the county clerk of
      the county in which the notice of lien is filed, containing the names of
      the parties to the action, the object of the action, a brief description
      of the real property affected thereby, and the time of filing the notice
      of lien; or unless an extension to such lien, except for a lien on  real
      property  improved  or  to be improved with a single family dwelling, is
      filed with the county clerk of the county in which the notice of lien is
      filed within one year from the filing of the original  notice  of  lien,
      continuing such lien and such lien shall be redocketed as of the date of
      filing  such  extension.  Such  extension shall contain the names of the
      lienor and the owner of the real property against whose interest therein
      such lien is claimed, a brief description of the real property  affected
      by such lien, the amount of such lien, and the date of filing the notice
      of  lien. No lien shall be continued by such extension for more than one
      year from the filing thereof. In the event an action is not commenced to
      foreclose the lien within such  extended  period,  such  lien  shall  be
      extinguished  unless an order be granted by a court of record or a judge
      or justice thereof,  continuing  such  lien,  and  such  lien  shall  be
      redocketed  as  of  the date of granting such order and a statement made
      that such lien is continued by virtue of such  order.  A  lien  on  real
      property  improved  or  to be improved with a single family dwelling may
      only be extended by an order of a court of record, or a judge or justice
      thereof. No lien shall be continued by court order  for  more  than  one
      year from the granting thereof, but a new order and entry may be made in
      each  of  two successive years. If a lienor is made a party defendant in
      an action to enforce another lien, and the plaintiff or  such  defendant
      has  filed  a  notice  of  the  pendency  of  the action within the time
      prescribed in this section,  the  lien  of  such  defendant  is  thereby
      continued.  Such action shall be deemed an action to enforce the lien of
      such defendant lienor. The failure to  file  a  notice  of  pendency  of
      action  shall  not  abate  the  action  as  to any person liable for the
      payment of the debt specified in the notice of lien, and the action  may
      be  prosecuted  to  judgment against such person. The provisions of this
      section in regard to continuing liens shall apply to liens discharged by
      deposit or by order on the filing of an undertaking.  Where  a  lien  is
      discharged  by deposit or by order, a notice of pendency of action shall
      not be filed.
        A lien, the duration of which has been extended by  the  filing  of  a
      notice   of   the  pendency  of  an  action  as  above  provided,  shall
      nevertheless terminate as a lien after such notice has been canceled  as
      provided  in  section  sixty-five hundred fourteen of the civil practice
      law and rules or has ceased to be effective as  constructive  notice  as
      provided  in  section  sixty-five hundred thirteen of the civil practice
      law and rules.